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september 1999

Supreme Court of India · 1999-09-14

IR COELHO (DEAD) BY LRS. vs THE STATE OF TAMIL NADU

Citation / case number
SC 1996/80602
Court
Supreme Court of India
Petitioner
IR COELHO (DEAD) BY LRS.
Respondent
THE STATE OF TAMIL NADU
Author
S.P.BHARUCHA,V.N.KHARE,B.N.KIRPAL,D.P.MOHAPATRO
Bench
S.P.BHARUCHA,V.N.KHARE,B.N.KIRPAL,D.P.MOHAPATRO

Judgment text excerpt

The Supreme Court held that the insertion of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and the West Bengal Land Holding Revenue Act, 1979 into the Ninth Schedule is unconstitutional if they include provisions previously struck down as unconstitutional. The Court emphasized that judicial review is a basic feature of the Constitution under Article 31B, and any amendment that undermines this structure is invalid. The Court reaffirmed the principles established in Waman Rao v. Union of India regarding the limits of Parliament's power to amend the Constitution post-24th April 1973.

IR COELHO (DEAD) BY LRS. vs THE STATE OF TAMIL NADU · Niyam